megan v capital ppi claim

[megan34]

They at first say it is over 6 years and I cant do anything - (but surely the 6 years starts from last payment they took?) and then they say they need more time to look into it.

[hellhasnofury]

They at first say it is over 6 years and I cant do anything - (but surely the 6 years starts from last payment they took?) and then they say they need more time to look into it.

 

Hello Megan,

 

They are silly beggers still trying to stall you. The limitations act does cover 6yrs unless

 

Section 32. Postponement of limitation period in case of fraud, concealment or mistake

 

(a) the action is based upon the fraud of the defendant; or

(b) any fact relevant to the plaintiff's right of action has

been deliberately concealed from him by the defendant;

or

© the action is for relief from the consequences of a

mistake;

 

the period of limitation shall not begin to run until the plaintiff has

discovered the fraud, concealment or mistake (as the case may be)

or could with reasonable diligence have discovered it.

It is obvious in the mis-selling they are concealing the fact from you so write a letter stating that It has now only come to your attention with the recent coverage by the media, and following the recent OFT and FSA investigations regarding the mis-selling of ppi by finance companies.and quote section 32 of the Limitations Act

That should let them know that you are aware of your legal right and who they are dealing with:lol:

Good luck and don't be put off by them, they have to do this, cuase they are all running scared:lol: There is a war on your know:lol:

[reidnet]

"There is a war on your know" Yeah and we all know you started the war hellhasnofury...lol And dont you go blaming me.....

[megan34]

Before I could write another letter - I got this one :

 

 

Thank you for taking the time to write back to us about your account. Clearly, you feel you aren't getting the answers and documents you have requested and I hope I can resolve this situation.

I am unable to send you a signed copy of your credit agreement, the copy we sent you is part of the agreement you signed. I have arranged for your full credit agreement to be sent to you separately.

With regard to your payment protection insurance (PPI) I'm afraid we no longer have a copy of your telephone conversation so we can't provide you with this. We use telephone scripts that comply with FSA regulations. We then asked your consent to hear the limited version of the terms and conditions over the phone.

Once you agreed to the PPI we then sent you the full terms and conditions and a certificate of insurance after the sale. The terms and conditions explained that you have a 30 day cancellation period and any premiums added during this time would be refunded. As you didn't contact us we assumed you were happy with the PPI and the policy was continued.

Therefore, I'm afraid that we won't be refunding your PPI premiums as they were added to your account correctly.

Financial regulations require me to advise you that this is my final response in relation to this matter. However you do have the option to contact the Financial Ombudsman Service (FOS) within six months from the date of this letter. Their contact details are in our complaints leaflet, which I've included for your information.

I trust this has addressed your concerns.

Please note, calls to the 0845 number at the top of this letter will be charged at a local rate. The cost will vary depending on your service provider. Calls may be recorded/monitored for training purposes.

Yours sincerely

Ellie Renshaw

Executive Office Manager

 

:-|

Any advice on a reply to this?

[hellhasnofury]

Before I could write another letter - I got this one :

 

 

Thank you for taking the time to write back to us about your account. Clearly, you feel you aren't getting the answers and documents you have requested and I hope I can resolve this situation.

I am unable to send you a signed copy of your credit agreement, the copy we sent you is part of the agreement you signed. I have arranged for your full credit agreement to be sent to you separately.

With regard to your payment protection insurance (PPI) I'm afraid we no longer have a copy of your telephone conversation so we can't provide you with this. We use telephone scripts that comply with FSA regulations. We then asked your consent to hear the limited version of the terms and conditions over the phone.

Once you agreed to the PPI we then sent you the full terms and conditions and a certificate of insurance after the sale. The terms and conditions explained that you have a 30 day cancellation period and any premiums added during this time would be refunded. As you didn't contact us we assumed you were happy with the PPI and the policy was continued.

Therefore, I'm afraid that we won't be refunding your PPI premiums as they were added to your account correctly.

Financial regulations require me to advise you that this is my final response in relation to this matter. However you do have the option to contact the Financial Ombudsman Service (FOS) within six months from the date of this letter. Their contact details are in our complaints leaflet, which I've included for your information.

 

I trust this has addressed your concerns.

Please note, calls to the 0845 number at the top of this letter will be charged at a local rate. The cost will vary depending on your service provider. Calls may be recorded/monitored for training purposes.

 

Yours sincerely

Ellie Renshaw

Executive Office Manager

 

:-|

Any advice on a reply to this?

 

Hello Megan,

 

Well that may be their final response, but may not yours:D

 

Don't understand this bit:|

 

I am unable to send you a signed copy of your credit agreement, the copy we sent you is part of the agreement you signed. I have arranged for your full credit agreement to be sent to you separately.

I am unable to send it, but I will send it:confused: Maybe wait till that comes and see what they send you.

 

Have they breached the ca request?

[megan34]

Thats the bit I didnt understand - but I thought it was just me being thick:) now I know it isnt. On 20th May they sent me a copy of new t&c - no signed agreement - they returned my £1 saying it was over 6 years etc etc.Since then theyve fobbed me off with letters like the one above saying its too late to claim,they dont have my records anymore etcetc - Ive asked them to explain what a couple of things meant on my SAR - twice and twice they have totally ignored me.They wont answer any of my questions.

[megan34]

On looking again through my S.A.R - from capital one I just noticed on one of the pages that shows screenprnt from their computer - it shows various entries - codes etc and one in particular I notice says quite clearly ''' PPI ISSUE - REFER TO BIZ CRIT 538''' this is dated 09/05/2003 I also noticed onemore entry - '''SAS''' PPI CANX L0351 SENT - date - 14/04/05 - does anyone know what this means ? ( 27th of april was the last time a ppi payment was taken -) I didnt pay the card off until january 2007.

Forgot to say - 1st ppi payment was taken from account on 27/03/01.

This is what I mean - ive been asking them questions - bu they wont answer them.

[megan34]

What do you think hellhasnofury? ?

[hellhasnofury]

What do you think hellhasnofury? ?

 

Hello Megan,

 

Did they send you a list of the abbreviations and what they mean.

 

Obviously not or you would not be askeing the question:confused:

 

You have said that they will not respond to your questions:confused:

 

Have you asked them what they mean?????????

 

I think under the dpa they have to sent you information that you can undertstand, so I think a complaint to the information commissioner office would be appropriate, that might make them sit up and listen:D

 

I am not an expert, but it looks to me the first entry is when they started taking it and the last is when they cancelled it.

[megan34]

Ok cap one have a further 7 days to either send me a cheque for a refund or a signed cca. - Im too soft I know:)

[dpick]

Hi megan dpick subscribing I will be sending my prelim Monday

PPi + daily compound interest = £1900

 

see what they say to that dpick:-x

[megan34]

Claiming back:

Capital one - £1622.66p- settled in full

Capital one - £632.69p – settled in full

Capital one - £ 353.15p – settled in full

Studiocards £422.44 – settled in full

LloydsBank Account - £35 – settled in full plus £25 ex-gratia payment

HalifaxBank account - £39 – settled in full

PPI – Through Northern Rock Loan - £71 –settled in full

TOTAL = £3200.94

…………………………………..

Barclaycard £803.42 – LBA - 7thJuly

Citicards - £ 790.00p – MCOL - acknowledged

Citicards £941.56 – Court date - Sept.

Halifax –(credit card) still awaiting S.A.R - (Subject Access Request)

Ppi – Cap.one - £64.68 - LBA

PPI – Cap. One - £604.63P - MCOL - 8th July

PPI – Studio Cards - £244.88 – LBA

PPI – Citi-Cards - £216.92

PPI – Citi-cards - £175.63

PPI – Barclaycard - £345.50

 

Wasted costs orders – Capital One : £65.23P + £47.00P –

Sent letters to court on June 25th

TOTAL = £4299.45

................

Im going to send mine in today Not sure how to word the text in the 'claim part' though on the N1 form - any ideas? - Im going for mis-sold the policy(cant remember even being asked if I wanted PPI though) - I have back trouble and arthritis after a fall 17 years ago and as such am employed as a 'supported disabled worker' - I was never asked about any pre existing medical condition - that I DO know! - and Ive had medical insurance through my hubby's work for over 20 years anyway - so I wouldnt have been able to claim - but they have not even sent me a cca - they say it was done over the phone so no forms to see. !!.

[dpick]

Hi again megan when I sent CCA and S.A.R - (Subject Access Request) at start of my charges claim, I only received an application form nothing else for CCA an got copy statements for SAR I read on another thread a while back that someone had a copy of the leaflet that Capital One send out with application form for card re PPI and their was nothing regarding pre existing medical conditions. I am going to look for that thread again and see if they can e-mail a copy. When I had to take early retirement due to having to care for my wife and my own ill health I rang Crap1 customer mis-service and was abruptly told that my diabetes and arthritis were both pre-existing medical conditions and I would not be able to make a claim. Anyway I have waited to get my charges claims with Halifax and Capital one out of the way before I start on PPI and catalogues.

 

Can you let me know what stage you are at I think we could help each other with letters POC etc.

 

I can pm a copy my POC for credit card for charges would need to be amended to suite not much different though

 

If ok with you will pm my prelim letter I want to send in morning

 

dpcik:-x

[megan34]

yep - no problem:) Thats what I wanted to see - the terms and conditions for the ppi from capital one - but they just wont send me them! Do you mean that there was nothing onthe form that ASKED if you had any underlying medical condition or that they said they would still pay out because it didnt matter that you had an underlying condition?

[megan34]

HELLHASNOFURY - ive pm'd you with my final 'claimants text' - would you look it over please - thank you:)

[megan34]

I had a bit of a clear out of my old handbags and drawers and I found things I didnt know I had! - Ive now got t&c on a few credit cards and I found another unused credit card still attached to the original agreement from citi-cards!. I have what is apparently a copy of my capital one agreement - but the space where my name and address go on the front cover are blank;) - also found a leaflet saying - your FREE purchase protection insurance policy(capital one)also Barclaycard original t&c and policy registration and a schedule for barclaycard payment protection dated 05/04/02 - dont think i'll be needing to bother them all now for things - I seem to have them

 

HELLHASNOFURY - ive pm'd you with my final 'claimants text' - would you look it over please - thank you:-)

[hellhasnofury]

HELLHASNOFURY - ive pm'd you with my final 'claimants text' - would you look it over please - thank you:)

 

Hello Megan,

 

I have pm you back

[dpick]

I had a bit of a clear out of my old handbags and drawers and I found things I didnt know I had! - Ive now got t&c on a few credit cards and I found another unused credit card still attached to the original agreement from citi-cards!. I have what is apparently a copy of my capital one agreement - but the space where my name and address go on the front cover are blank;) - also found a leaflet saying - your FREE purchase protection insurance policy(capital one)also Barclaycard original t&c and policy registration and a schedule for barclaycard payment protection dated 05/04/02 - dont think i'll be needing to bother them all now for things - I seem to have them

 

HELLHASNOFURY - ive pm'd you with my final 'claimants text' - would you look it over please - thank you:-)

 

Hi Megan could you let me know if their is anything on Capital One leaflet regarding Pre existing Medical conditions

 

all the best dpick:p

[megan34]

Only have t&c for the credit card - it makes referneces to optional payment protection on one and worded slightly different ont he other t&c(my hubbys). I can email them to you if you pm me with an email adress cos I cant seem to send an attachment from my pm's.Also says in the t&c that they use London General Holdings group.

[puddinpie]

Hi Megan ...... Any progress with this ???? Also could you pm me with your POC for Cap One please.

 

I am almost ready to start my N1 .............I have had exactly the same problems with Cap 1 as you have .............I am not even sure how I applied for the card !!!!! And they can't even tell me !!!!